Kerala High Court
Crl.MC/5994/2021 of ATHUL P. BIJU, Vs STATE OF KERALA, on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 CRL.MC NO. 5994 OF 2021 CRIME NO.1678/2021 OF Kanjirappally Police Station, Kottayam PETITIONERS/ACCUSED PERSONS :- 1 ATHUL P. BIJU, AGED 21 YEARS S/O.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943CRL.MC NO. 5994 OF 2021
CRIME NO.1678/2021 OF Kanjirappally Police Station, Kottayam PETITIONERS/ACCUSED PERSONS :- 1ATHUL P. BIJU,AGED 21 YEARS
S/O. BIJU, PULLOLIKKAL VEEDU, KOKKADAVU, THIRUMENI, KANNUR.
2GOUTHAM,AGED 21 YEARS
S/O. MANOJ K.V., KANARA HOUSE,
PADIYAM P.O., THRISSUR.
3CHRISTY ABRAHAM JOSEPH,AGED 21 YEARSS/O. JOSEPH ABRAHAM, MANGATTU PEACE VILLA, VENMONY P.O., CHENGANNUR.
4CHARLES ANTONY SIBICHAN,AGED 21 YEARSS/O. SIBICHAN ANTONY, KARACKATTU HOUSE, KARANILAM P.O., MUNDAKKAYAM.
5ARAVIND SHIBU,AGED 21 YEARSS/O. SHIBU, PALIYANPARAMBIL HOUSE, KAIPUZHA P.O., KOTTAYAM.
6AMAL JOSE,AGED 21 YEARSS/O. JOSEKUTTY N.T., NJAPARAMBIL HOUSE, KURISHUMOODU P.O., CHANGANACHERRY.
7EBIN RAJU,AGED 21 YEARSS/O. RAJU VARGHESE, MANAVATHUKAROTTU HOUSE, NEERICADU P.O., KOTTAYAM.
8EDWIN MATHEWS,AGED 21 YEARS
S/O. MATHEWS P.M., POTTANANIIYIL HOUSE, KUDIYANMALA P.O., KANNUR.
9BINU V. NAIR,AGED 21 YEARSAGED 21 YEARS
S/O. VISWANATHAN NAIR, VISWALAYAM, KARUVATTA
P.O.,HARIPAD.
10ABY VARGHESE,AGED 21 YEARS
S/O. VARGHESE, ARUPARAYIL HOUSE, KAKKAMTHODU, CHANGANACHERRY P.O., KOTTAYAM.
BY ADVS.JITHIN BABU AARUN SAMUEL
RESPONDENTS/STATE/DE-FACTO COMPLAINANT/INJURED :- 1STATE OF KERALA,(STATION HOUSE OFFICER, KANJIRAPPALLY POLICE STATION, (STATION HOUSE OFFICER, KANJIRAPPALLY POLICE STATION, CRIME NO.1678/2021) REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2ALAN C SUNIL,AGED 20 YEARS
S/O. SUNIL CHACKO, UMIKUNNIL HOUSE,VAZHAMUTTOM EAST P.O., PATHANAMTHITTA.
3AMAL MANOJ,AGED 20 YEARS
S/O. MANOJ MICHAEL, MUNDASSERY HOUSE, AMARAVATHY P.O., KUMILY, IDUKKI.AMARAVATHY P.O., KUMILY, IDUKKI.
4BASIL ELDHO,
AGED 20 YEARSS/O. ELDHO K.K.. KAZHUNNUKATTUPUTHANPURA HOUSE, KOLAGAPPARA P.O., SULTHAN BATHERY.
5ARIF NAJEEB,AGED 20 YEARSAGED 20 YEARS
S/O. NAJEEB P.H., PULICKAL HOUSE,
KALLAR P.O., MUNDIERUMA.
6ABIN MATHEW,AGED 20 YEARSAGED 20 YEARS
S/O. MATHAI MATHEW, KANIYAMPARAMBIL HOUSE, VANDIPERIYA P.O., VANDIPERIYAR.
7ADARSH ANTONY,AGED 20 YEARSAGED 20 YEARS
S/O. ANTONY K.J., KALLIYATH HOUSE,
SRA 200, SAHAKAANA, PONNURUNNI,VYTILLA P.O., KOCHI-19.
8AYON WILSON,AGED 20 YEARSAGED 20 YEARS
S/O. WILSON N.J., NAMBIAPARAMBIL HOUSE, VALLUVADI P.O., ODAPPALAM, SULTHAN BATHERY.
9ARJUN ANIL,AGED 20 YEARSAGED 20 YEARS
S/O. ANILKUMAR V.K., THIRUVATHIRA HOUSE, EDAKULAM P.O., RANNI.
BY ADV SAJU J PANICKER SRI RENJITH GEORGE, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FORADMISSION ON 31.12.2021, THE COURT ON THE SAME DAY PASSEDTHE FOLLOWING:
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O R D E R
The petitioners are accused in Crime
No.1678/2021 of Kanjirapally Police Station, KottayamDistrict and the offences alleged against the petitionersare under Sections 143, 144, 147, 148, 149, 294(b), 341,323 and 324 of the Indian Penal Code.
2. The allegation is that on 10.11.2020 at about11.30 a.m. the petitioners formed into an unlawfulassembly and intended to manhandle the de-factocomplainant and other using an iron rod and therebycommitted the aforesaid offences.
3. Heard the learned counsel for the petitioners, the learned Public Prosecutor as well as the learnedcounsel for respondents 2 to 9.
4. It is submitted by respective counsel that thepetitioners and respondents 2 to 9 have arrived at an amicable settlement and Annexures A2 to A9 are theaffidavits filed. The affidavits, inter alia, state that all thedisputes are settled and that the pendency of criminalproceeding would cause hardship to all the parties.
5. From the submission across the Bar andperusing the criminal M.C. and the affidavits referredabove, I am satisfied that there has been an amicablesettlement and that there is no vitiating circumstances inthe respondents filing the affidavits. No purpose will beserved by continuing the proceedings in the abovecircumstances.
6. In view of the judgment of the Hon'ble SupremeCourt in Gian Singh v. State of Punjaband another [2012 (10) SCC 303] and considering the facts andcircumstances of the case and in exercise of power of thisCourt under Section 482 of the Code of CriminalProcedure, I hereby quash Annexure A1 FIR and allfurther proceedings in Crime No.1678 of 2021 of CRL.MC NO. 5994 OF 2021
Kanjirapally Police Station, Kottayam District againstthese petitioners.
The Crl.MC is allowed as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
SMA
APPENDIX
PETITIONER ANNEXURES :-
Annexure A1
Annexure A2Annexure A3
Annexure A4
Annexure A5
Annexure A6
Annexure A7
Annexure A8Annexure A9
A CERTIFIED COPY OF THE FIR IN CRIME NO.1678/2021 OF KANJIRAPPALLY POLICE STATION, KOTTAYAM.
THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
THE AFFIDAVIT SWORN BY THE 3RD RESPONDENT.
THE AFFIDAVIT SWORN BY THE 4TH RESPONDENT.
THE AFFIDAVIT SWORN BY THE 5TH RESPONDENT.
THE AFFIDAVIT SWORN BY THE 6TH RESPONDENT.
THE AFFIDAVIT SWORN BY THE 7TH RESPONDENT.
THE AFFIDAVIT SWORN BY THE 8TH RESPONDENT.
THE AFFIDAVIT SWORN BY THE 9TH RESPONDENT.